Volume 1

Letters to the Right Honourable Lord Mansfield. From Andrew Stuart, esq. [On the Douglas Peerage Cause.] / [Andrew Stuart].

  • Andrew Stuart
Date:
[1773]
Catalogue details

Licence: Public Domain Mark

Credit: Letters to the Right Honourable Lord Mansfield. From Andrew Stuart, esq. [On the Douglas Peerage Cause.] / [Andrew Stuart]. Source: Wellcome Collection.

    23/208 (page 19)
    [ !9 ] I am far from meaning to arraign this doftrine, or to convey any infinuation of blame to your Lordfhip for making ufe of it. Where there is but a flight fufpicion of forgery, it is perhaps the fafeft rule, to be guided by the parole evidence, if clear, pofitive, and confiftent. Upon this principle, I am perfuaded, thofe peers afted who gave their voice on the fame fide of the queftion with your Lordfhip. Their honour and integrity are lb well known and eftablifhed, that no man can doubt of their afting upon the jufteft principles ; and as the proof of the forgery came at laft to depend chiefly on the comparifon of hand-writings, and the faculty of diftin- guilhing what was genuine from what was forged, it is a matter of that fort which mull naturally prefent it- felf to different minds with different degrees of evidence. At the fame time, it cannot admit of doubt, that thofe noble lords who were convinced of the forgery, afted upon juft and folid principles, when they gave their voice againft the faft afferted in that forged Cer¬ tificate, and when they buffered the imprefiions arifing from that forgery to cancel all the pofitive parole evi¬ dence in favour of the fa ft which required to be fup- ported by the aid of forgery : they admitted the rule, that wherever a forgery appears, the parole evidence in fupport of the fame faft becomes tainted, the faith otherwife due to it is not fo eafily granted. In thus deciding, they afted agreeably to the diftates of confidence and of found reafoning; they followed the principles which have been eftablifhed among all na¬ tions in matters of this nature, principles which that day did not efcape your Lordfhip’s recolleftion ; for they decided agreeably to the precife rules which in this caule you recommended, whenever there is clear conviftion ^>r perfuafion of forgery. This